Deportation is the removal of an alien who has entered the US either lawfully or unlawfully. To avoid being the subject of removal proceedings, aliens must always maintain a valid immigration status or lawful presence in the US. Should one find themselves in removal proceedings, various forms of relief are potentially available. They include but are not limited to: Waivers, Cancellation Of Removal, Deferred Action, and Asylum to name a few. Waivers: Often, but not always, waivers require that you can establish hardship or extreme and unusual hardship to you or your family if you were to be deported. Sometimes, the length of your stay in the U.S. makes a difference, too. There are numerous waivers in U.S. immigration law, some depend on your status or the status of your family, how long you have lived here, the nature of the immigration violation or criminal history and how and when you entered the United States
Cancellation of Removal
There are two types. 1. If you have resided in the US for more than 10 years, can demonstrate you are a person of good moral character and that if deported, it would result in extreme and unusual hardship to either a spouse, parent or child who is either a lawful permanent resident (green card) or a United States citizen. You may be granted Cancellation of Removal at the discretion of an immigration judge, which will then allow you to apply for adjustment of status (green card). This is called Non-LPR Cancellation of Removal. 2. If you are a lawful permanent resident facing deportation for any reason including many criminal convictions (drugs, guns, assault, theft, fraud, crimes involving moral turpitude) or immigration violations such as fraud, and have resided continuously in the U.S. for 7 years after being inspected and admitted in any status, have a green card for 5 years, and have not been convicted of an aggravated felony, this may be granted as a matter of discretion. This is called LPR Cancellation of Removal. Deferred Action: Certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not provide an individual with lawful status.
A denial by an Immigration Judge, U.S. Citizenship and Immigration Services or the State Department is not the end of your immigration case. Our team may help you fight adverse actions by immigration authorities through the administrative and legal processes. A wide variety of immigration matters can be appealed, including:
- Denial of visa application
- Denial of application for a Green Card
- Denial of Labor Certification
- Denial of Naturalization
- Deportation order
The appeals process may not be your only option or even the best choice in your case. In some instances, it may be desirable instead to file a motion asking USCIS to reopen or reconsider an unfavorable decision. Facts supporting such a motion may include the discovery of new evidence or changed circumstances that affect your case. There may also be new legal arguments to make as well if the previous decision was made incorrectly. At Yevoli and Malayev PLLC, we regularly assist individuals and employers seeking assistance when they experience a denial or a revocation of a previously-approved case. All available options must be weighed, and sometimes a multi-pronged approach is best in trying to find a resolution. Our attorneys are experienced and available to help both employers and individuals by discussing options and filing appeals or motions, if and when there are unfortunate unfavorable decisions from the USCIS.
There are several ways to sponsor family members to obtain permanent residency in the U.S. Adjustment of Status (AOS): If the spouse and/or children are here in the United States, they may qualify to apply for permanent residence (a green card) without returning to the home country. The process includes filing an application with USCIS and proving your relationship is bona fide (real).
In most cases, your spouse will be able to receive work authorization from USCIS within a few months. Depending on your spouse’s status, he or she may also qualify for an advance parole document to allow travel outside the U.S. while the adjustment of status application is pending.
Consular Processing: A spouse and/or children abroad can apply for a visa at a U.S. Consulate in their home country.
Fiancée/Fiancé Visa: You can bring your fiancé(e) into the U.S. by sponsoring them for a K-1 fiancé(e) visa. Entry is allowed for 90 days to get married. After that, an application for adjustment of status (AOS) can be filed here in the U.S.
K-3 Visa: The K-3 visa was initially created to allow your spouse and his or her minor children to live in the United States while your immigrant petition was being processed at USCIS. It also allows them to obtain employment authorization while they are waiting.
The Nonimmigrant Visa Classification covers a broad range of visas used to enter the U.S for work, pleasure or study. Some visas allow you to attempt to obtain permanent residency (a green card) and thus not required to prove nonimmigrant intent. Most nonimmigrant visas, however, require you to establish the demonstration of nonimmigrant intent. This means you should demonstrate that you have a permanent residence in your home country that you have no intention of abandoning. The duration of time you may spend in the U.S. can range from a few days to several years, depending on the visa. In most situations, your spouse and unmarried children under the age of 21 may accompany you on a derivative visa.
U.S. Citizenship is obtained either by birth, derivation or naturalization. U.S. citizens may live and work in the U.S. permanently, and can not lose this status by extended travel abroad. U.S. citizens have many benefits and privileges, including the privilege of voting in U.S. elections. U.S. citizens may petition for the permanent resident status of their parents, spouses, children and siblings.
- Generally, 5 years in permanent resident status [Three years may be sufficient for those married to U.S. citizens.]
- Generally, physical presence, continuity of residence, and good moral character standards.
- Satisfactory exam results in U.S. government, history, and civics as well as the ability to speak, read and write English
[Some exceptions to the testing requirements exist based upon age and duration of permanent residency, as well as medical limitations.]
Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible; you may be able to live permanently in the United States. We support our clients’ goals of gaining employment in the U.S. by representing them in a broad spectrum of employment-based immigration matters, such as applications for EB-1, EB-2, EB-3, EB-4, EB-5, and Visas for No-Permanent Employment. We tailor our approach to each client’s individual needs.
Types of Employment-Based Visas
EB-1 Priority Workers This category is reserved for individuals who possess extraordinary ability in the arts, sciences, education, athletics, or business. You must be able to demonstrate that you possess such ability through documentation of national or international acclaim and recognition. The priority worker category also includes outstanding professors and researchers, as well as managers and executives of multinational corporations.
EB-2 If you have achieved an advanced degree – which is anything beyond a baccalaureate – or have received a B.A. and have spent at least five years working in the profession, then you may be eligible for the second category of employment immigration visa. This category is also intended for individuals who possession exceptional ability in the sciences, business, or arts.
EB-3 Skilled workers who hold positions that require at least two years of training or experience, professionals who require a baccalaureate degree, and unskilled workers filling non-temporary positions.
EB-4 The fourth category of employment-based immigration visa includes a wide variety of special circumstances, such as religious ministers, certain broadcasters, former employees of the U.S. government in the Panama Canal Zone, and Iraqi and Afghan translators.
EB-5 The fifth category is reserved for business investors who are planning to invest sums ranging between from $500,000 to $1 million or more in a new business that will employ a minimum of 10 U.S. workers on a full-time basis.
Types of Visas for Non-Permanent Employment
B-1 The B-1 visa is for temporary business visitors who are coming to the United States for purposes such as consulting with associates; negotiating contracts; participating in training on a short-term basis; attending a scientific, educational, professional, or business convention or conference; or settling an estate.
E-1 & E-2 Certain countries around the world are party to treaties of trade and commerce with the United States, and the citizens of these countries enjoy special rights and privileges under the provisions of U.S. immigration law. Visas are available for treaty investors and treaty traders who plan to conduct business in this country.
F-1 The F-1 visa is one of two available student visas; it enables the holder to attend a college, university, seminary, high school, elementary school, or other educational institution on a full-time basis. It also allows the student to work on campus under certain circumstances and off campus in certain types of positions after the first year.
H Visa There are several types of visas in the H visa category, including visas for specialty occupation workers, registered nurses, seasonal agricultural workers, and trainees. H visas are in high demand, and the yearly allocation typically runs out in a short period of time.
J Visa J visas, which are also referred to as exchange visitor visas, are provided with the purpose of promoting understanding between the people of the U.S. and the rest of the world. There are several categories of the exchange visitor, including students, physicians, au pairs, professors, and trainees.
L Visa If you work for a multinational corporation and are going to be transferred to offices within the United States, then you will need a visa in the L category for intracompany transferees, either the L-1A executive/manager or the L-1B specialized knowledge visa.
O Visa Individuals with extraordinary ability or achievements in the arts, sciences, business, education, or athletics, or extraordinary achievements in the motion picture and television film may be eligible for the O visa category, which allows the holder to stay in this country for a period of up to three years.
P Visa There are several different types of P visas, but the category is generally intended for athletes, artists, entertainers, and their immediate family members. The visa is reserved for individuals who have achieved recognition for performance on an internationally recognized level.
Q Visa When you are planning to travel to the United States for the purpose of taking part in an international cultural exchange program, you can apply for a Q visa. Whereas the J visa is for cultural exchange programs sanctioned by the Department of State, the Q visa enables the holder to enter the U.S. to participate in programs recognized by USCIS.
R-1 Visa With the R-1 visa, certain types of religious workers are permitted to travel to the United States for an initial period of two and a half years or up to five years with extensions. To prove that you are eligible for the R-1 visa, you must be a member of a bona fide non-profit religious organization for at least two years and must be planning to work at least 20 hours per week during your time in the U.S.
TN / NAFTA Visa TN (trade NAFTA) status is a temporary worker visa status intended for individuals who live in the North American Free Trade Agreement countries. Workers from Mexico and Canada may be eligible for this type of visa provided that they work in one of the several listed professions, have a prearranged position of employment,